"Amplified sound"
means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
"Board"
means the board of directors of the Temecula community services
district, or any other person authorized by the board, pursuant to
law, to act in its stead.
"Commission"
means the community services commission for the city of Temecula.
"Director"
means the director of community services.
"Knife or dagger"
means any knife or dagger having a blade of three inches
or more in length; any ice pick or similar sharp stabbing tool; any
straight-edge razor blade fitted to a handle.
"Park"
means any community park, neighborhood park, special use
or any other recreational facility maintained by the city of Temecula.
"Vehicle"
means any device by which any person or property may be propelled,
moved or drawn, excepting a device moved by human power.
(Ord. 93-19 § 2)
The following rules and regulations apply in all city parks,
including special use parks, unless expressly stated otherwise elsewhere
in these regulations.
(Ord. 93-19 § 3)
No person shall enter, be or remain in any park unless he complies
at all times with all of the city ordinances and regulations applicable
to such park and with all other applicable laws, ordinances, rules
and regulations.
(Ord. 93-19 § 4)
Any and all individuals shall be provided equal opportunity
for the use of any park and any recreational program without regard
to physical limitation, age, race, color, national origin, religion,
political beliefs or sex.
(Ord. 93-19 § 5)
A. Roads for Public Use. The provisions of the California
Vehicle Code
are applicable in the city parks upon any way or place of whatever
nature which is publicly maintained and open to the use of the public
for purposes of vehicular travel. All violations of the
Vehicle Code
shall be enforced and prosecuted in accordance with the provisions
thereof.
B. Surfaces Other than Roads for Public Use. No person shall drive or
otherwise operate a vehicle in a park upon surfaces other than those
maintained and open to the public for purposes of vehicular travel,
except upon temporary parking areas as may be designated from time
to time by the commission, and further excepting vehicles in the service
of the city, animal control vehicles, law enforcement vehicles and
motorized wheelchairs.
C. Skateboards. No person shall ride or operate a skateboard in any
designated city park unless that person is wearing a helmet, elbow
pads and knee pads. Any person failing to do so will be subject to
citation under this chapter.
D. Bicycles. Bicycles are allowed within city parks.
E. Electric Bicycles (E-bikes). No person shall ride or operate an electric
bicycle within city parks, except upon Class 1 bike trails that are
adjacent to, or within said city parks.
(Ord. 93-19 § 6; Ord. 2024-02, 4/9/2024)
No person shall practice, carry on, conduct or solicit for any commercial occupation, business or profession in any city park, or sell or offer for sale any food, beverage, merchandise, article or anything whatsoever in any city park. This section shall not apply to any person acting pursuant to a contract with the city or the Temecula community services district, or under a permit granted by the commission or director, including any permit issued pursuant to Chapter
8.60.
(Ord. 93-19 § 7; Ord. 19-08 § 5)
No person shall cause, permit or allow any animal owned or possessed
by him, or any animal in his care, custody or control to be present
in any city park except:
A. Equine
animals being led or ridden under reasonable control upon any bridle
paths or trails provided for such purposes;
B. Equine
or other animals which are hitched or fastened at a place expressly
designated for such purpose;
C. Dogs
or cats when led by a cord or chain not more than six feet long, or
when confined within the interior of a vehicle;
D. Dogs
which have been specially trained and are being used by blind or disabled
persons to aid and guide them in their movements;
E. Small
pets which are kept on the person of the possessor at all times;
F. In
connection with activities authorized in writing by the commission;
G. Fowls
or animals turned loose at the direction of the commission.
(Ord. 93-19 § 8)
It shall be the mandatory duty of all persons owning, possessing,
in control of or otherwise responsible for a dog, cat or an equine
animal in a park to promptly collect, pick up and remove all fecal
matter left behind by the animal in or upon any park; provided, however,
that this subsection shall not apply to guide dogs for blind or disabled
persons or to equine animals on bridle paths.
(Ord. 93-19 § 9)
A. Purpose.
The city council enacts this legislation for the sole purpose of securing
and promoting the public health, comfort, safety and welfare of its
citizenry. While recognizing that certain uses of sound-amplifying
equipment are protected by constitutional rights of free speech and
assembly, the city council nevertheless is permitted and obligated
to reasonably regulate the use of sound-amplifying equipment in order
to protect the correlative constitutional rights of the citizens of
this community to privacy and freedom from the public nuisance of
loud and unnecessary sound.
B. Permit
Required for Amplifiers. It shall be unlawful for any person to install,
use and operate within a park a loudspeaker or any sound-amplifying
equipment for the purposes of giving instruction, directions, talks,
addresses or lectures, or of transmitting music to any persons or
groups of persons in any park, or in the vicinity thereof, except
when installed, used or operated in compliance with one of the following
provisions:
1. By
authorized law enforcement or the director; or
2. Under
a reservation or permit issued by the director, and when operated
in accordance with terms of such reservation or permit.
C. Granting
and Denial of Permit.
1. In
determining whether to grant or deny a permit, the director shall
be guided by the following considerations:
a. The constitutional free speech and assembly rights of all persons,
including the applicant;
b. The possible effects upon the peaceable passage or presence of persons
in the park;
c. The potential for disorder or unlawful injury to persons or property;
d. The potential invasion of other persons' rights of privacy;
e. The possible unlawful breach or disturbance of the peace; and
f. Any actual conflict with other scheduled park uses or events.
2. The
director shall not deny a permit on the basis of any dislike for or
disagreement with the content of any proposed talks, addresses, lectures
or musical presentations. The director may, however, deny a permit
for any such events which are designed for the purpose of advocating
imminent lawless conduct.
D. Power
Source for Amplifiers. Amplifiers permitted in parks shall be operated
only through a power source provided by the city, a battery or a generator.
(Ord. 93-19 § 10)
No person shall carry or discharge firearms, firecrackers, rockets,
torpedoes or other types of explosives, or carry or discharge any
gun, or pistol, or any sling shot or similar device, or any bows and
arrows, or any other object capable of propelling a projectile, or
carry or use any object calculated to make a noise sufficient to disturb
the peace or quiet of the park, or bring into any park any of the
above objects or articles. Fireworks may be permitted for special
events only with formal approval from the community services commission
and the fire department.
(Ord. 93-19 § 11)
The provisions of the California Dangerous Weapons' Control
Law are applicable in city parks and shall be enforced and prosecuted
in accordance with the provisions thereof. No person shall carry on
his person, in plain view, any knife with a blade in excess of three
inches. Daggers are strictly prohibited.
(Ord. 93-19 § 12)
The provisions of Section
12.04.110 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation.
(Ord. 93-19 § 13)
No person shall cut, break, injure, deface or disturb any tree,
shrub, bush, plant, rock, building, cage, pen, monument, fence, bench
or other structure, apparatus or property, or pluck, pull up, cut,
take or remove any shrub, bush, plant or flower, or mark or write
upon, paint or deface in any manner any building, monument, fence,
bench or other structure within any city park.
(Ord. 93-19 § 14)
No person shall cut, dig or remove any wood, turf, grass, soil,
rock, sand, gravel or fertilizer within any city park unless approved
by the director of community services.
(Ord. 93-19 § 15)
No person shall play or practice the game of golf, including
chipping, putting, driving or any other type of play or practice which
includes the hitting of golf or similar type ball with a golf or similar
type club within any city park.
(Ord. 93-19 § 16)
No person shall swim, fish in, bathe, wade in, release pet animals
in or pollute the water of any fountain, pond, lake, stream or reservoir
within any city park except by permission of the commission.
(Ord. 93-19 § 17)
No person shall kindle a fire within any city park except in
fireplaces provided for that purpose or in barbecues approved by the
commission, except by permission of the director.
(Ord. 93-19 § 18)
No person shall wash dishes, or empty salt water or other waste
liquids, or leave garbage, cans, bottles, papers or other refuse anywhere
in any city park other than in the receptacles provided therefor.
(Ord. 93-19 § 19)
A. No person shall be in or remain in any city park, other than a community park, between the hours of nine p.m. and five a.m. of the following day without permission of the director. The provisions of Sections
12.04.250. and 12.04.260 shall govern the granting or denial of such permission.
B. Except as otherwise set forth in this section, no person shall be in or remain in any community park between the hours of ten p.m. and five a.m. of the following day without permission of the director. The provisions of Sections
12.04.250 and
12.04.260 shall govern the granting or denial of such permission. The following parks are designated as community parks for purposes of this subsection:
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Harveston Community Park
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Margarita Community Park
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Pala Community Park
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Paloma Del Sol Park
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Patricia H. Birdsall Sports Park
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Any other parks that are designated as community parks by city
council resolution.
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C. No person shall be in or remain in the Ronald Reagan Sports Park, Monday through Friday, between the hours of ten p.m. and eight a.m., or Saturday and Sunday between the hours of ten p.m. to five a.m., without the permission of the director. The provisions of Sections
12.04.250 and
12.04.260 shall govern the granting or denial of such permission.
D. No person shall be in or remain in the Redhawk Community Park, Monday through Sunday, between the hours of nine p.m. and eight a.m., without the permission of the director. The provisions of Sections
12.04.250 and
12.04.260 shall govern the granting or denial of such permission.
(Ord. 93-19 § 20; Ord. 06-13 § 1; Ord.
19-15 § 1)
No person shall hold any meeting, service, sporting event, concert, exercise, parade or exhibition in any city park without first obtaining a use permit from the director. The provisions of Sections
12.04.250 and
12.04.260 shall govern the issuance or denial of a permit under this section.
(Ord. 93-19 § 21)
A. In accordance with the provisions of Chapter
9.14, "Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places," the commission is designated as the body to approve, conditionally approve or deny requests to consume or possess alcoholic beverages in city parks.
B.
1. In accordance with the provisions of Chapter
9.14, the director, or his or her designee, is designated as the person to approve, conditionally approve or deny requests to consume or possess alcoholic beverages at any indoor city public facility. A temporary license from the California Department of Alcoholic Beverage Control, and proof of one million dollars liquor liability insurance coverage and liability insurance coverage identifying the city of Temecula as additional insured, is also required for any such permit.
2. No
person under the age of twenty-one is permitted to consume alcoholic
beverages in any city park or facility.
3. Security
may be required for events in which alcohol is served, depending upon
the type of event at the discretion of the director.
C. Sale
and Consumption of Alcoholic Beverages in Special Use Parks.
1. In accordance with the provisions of Chapter
9.14, the director, or his or her designee, is designated as the person to approve, conditionally approve or deny requests to consume or possess alcoholic beverages at a special use park.
2. Alcoholic
beverages must be consumed in designated areas.
3. A
temporary license from the California Department of Alcoholic Beverage
Control, one million dollars liquor liability insurance and liability
insurance identifying the city of Temecula as additional insured is
also required for any such permit.
4. No
person under the age of twenty-one is permitted to consume alcoholic
beverages in any special use park.
5. Security
will be required for events in which alcohol is sold, as well as events
where alcohol is not served.
(Ord. 93-19 § 22; Ord. 97-07 § 3)
The provisions of the California Uniform Controlled Substances
Act are applicable in city parks and shall be enforced and prosecuted
in accordance with the provisions thereof.
(Ord. 93-19 § 23)
No person shall possess any glass container in any city park.
(Ord. 93-19 § 24)
No person shall use any city park as a primary launch site for
hot air balloons unless formally approved by the commission. Motorized
airplanes and gliders are prohibited on any city park site.
(Ord. 93-19 § 25)
A. Reserved
Use. Reserved use (defined as exclusive, permitted use for one or
more occasions) of parks shall require obtaining a use permit in a
form established by the city manager or designee. The city council
may establish use fees by resolution.
B. Unreserved
Use. Use of all parks, except for special use parks, will be based
on first-come, firstserve basis. No use permit is required for this
purpose. If a user group wishes to reserve the use of a park, a use
permit shall be required, with all applicable fees, rules, regulations,
terms and conditions enforced.
C. Multiple
Park Reservations. If more than one recreational facility is reserved
(e.g., two sports fields), applicable fees and deposits shall be charged
for each park reserved.
D. Sponsored
Uses. Any city-sponsored or co-sponsored reserved use shall be deemed
a use for city purposes, and shall be exempt from all fees, deposits
and permit requirements. Such determination shall be made by the city
manager or designee.
E. User
Groups. User groups designations shall be used to establish or form
the basis for variable fee schedules for use permits. The following
user groups are established:
1. Group
I—TCSD-sponsored or co-sponsored leisure and recreational activities;
2. Group
II—Youth groups conducting nonprofit youth-oriented sports activities,
and nonprofit athletic/civic organizations conducting community-oriented
leisure or sports activities;
3. Group
III—Base standard rate for community users on a nonprofit basis;
4. Group
IV—Profit-making, commercial business or nonresident organizations
conducting activities that are for profit and are either open or closed
to the public.
F. Recurring
Use. Recurring use is generally defined as uses of parks on a regularly
scheduled basis for more than one occasion (i.e., leagues, etc.).
G. Nonrecurring
Use. Nonrecurring use is generally defined as use on a one-time-only
or special-event basis (i.e., annual picnic, parties or company-sponsored
events). A fee and permit are required only when reserved use by an
organization is requested.
H. Exemption.
Due to special or unusual circumstances, the community services commission
may exempt user Groups II, III and IV from fees for the use of recreational
facilities. It is the responsibility of the specific user group to
formally request exemption from the community services commission.
The request should stipulate the special or unusual circumstances
that necessitate exemption.
I. Scheduling
Priorities. Scheduling priorities shall be by user groups as indicated
previously with Group I having precedence over II, Group II over III,
etc. In the event of conflict, the city manager or designee reserves
the right to schedule any group. Scheduling of reserved uses will
be carried out by the city manager or designee in a fair and equitable
manner, to serve the leisure and recreation needs of the citizens
of the city.
J. Sports
Field and Facility. It is recognized that recreational facilities
and sports fields vary in type and location. However, fee schedules
shall generally apply equally to all sports fields and facilities
depending on the level of service required for any individual facility.
K. Fee
Payment. User permit fees are due and payable at the city of Temecula
offices seventy-two hours prior to the use of the park. Charges assessed
for damages and grounds cleanup shall include only city's actual cost
and are due and payable upon demand to the user. When fees are due
and payable at the time a permit is issued, refunds are permitted
if sufficient notice is given to the city upon cancellation with five
working days' notice for nonrecurring groups.
L. Sales
and Uses. User groups desiring to use park for fundraising purposes
shall be allowed to do so subject to generally applicable policies
and fees. Food concessionaires and other users which are determined
by the city manager or designee to be solely a commercial undertaking,
and without educational, recreational or cultural benefit to the community,
shall be selected pursuant to city public bidding procedures.
M. Inclement
Weather.
1. "Inclement
weather" is generally defined as weather which, in the judgment of
the city manager or designee has left parks in a condition which,
if the parks are used, presents a risk of damage to the parks or injury
to users.
2. Ability
to Deny Use. The city manager or designee shall have the authority
to deny use of all or any portion of a park to a user based on inclement
weather. The city manager or designee reserves the exclusive right
to determine that a park use is precluded by inclement weather, and
no refund of fees shall be made on the grounds of bad weather or field
condition unless the city manager or designee makes such determination.
N. Denial
of Facility Use. The city manager or designee shall have the authority
to deny use of all or any portion of a park to any group or individual
who has violated the general policies or rules governing the use of
parks or otherwise conducted themselves, individually or as a group,
in a manner adversely affecting the peace and enjoyment of the park
by reasonable persons.
O. Liability
Insurance. The city manager shall prepare and approve written regulations
governing the insurance requirements for the use of parks. User groups
shall comply with the insurance requirements of these regulations
as a condition of receiving a permit or approval to use a park pursuant
to this chapter. The regulations may be updated as necessary and shall
include the following provisions:
1. The
user groups that are required to obtain insurance for their use of
the park based on a schedule of hazardous/risk classifications;
2. The
type of insurance policies required based on hazard/risk classifications
for the proposed activities of the user group;
3. The
amount of coverage required for such policies;
4. Special
provisions governing the form of the policy;
5. Additional
insurance requirements for other city entities;
6. Documentation
establishing confirmation of required coverages;
7. The
deadline for a user groups to provide confirmation of required insurance;
and
8. Such
other provisions as are necessary or convenient to protect the city
and its related entities and provide for the efficient processing
of the required insurance for the rental permit.
P. General
Compliance. User groups agree to comply with all applicable governmental
agencies' ordinances, statutes and regulations and to assume full
responsibility for payment of all sales use and possessory interest
taxes.
(Ord. 93-19 § 26; Ord. 12-03 §§ 1—8)
A. The
city council may designate by resolution special use parks. Special
use parks are closed to the public except by use permit.
B. Any
event or activity sponsored or co-sponsored by the city shall have
reservation precedence over any other interim event or activity that
has requested the use of a special use park.
C. No
event will be scheduled which is in conflict with another event.
D. All
event applications must be approved by the director. Any event which
will place a major impact on the special use permit may be subject
to commission approval.
E. An
application for use of a special use permit must be completed, signed
and submitted ninety calendar days prior to the event date.
F. All
insurance requirements and fees must be submitted thirty days prior
to use.
G. If
the appropriate application, fees, deposits and insurance have not
been received by the city within thirty days prior to the event, the
city reserves the right to cancel said event.
H. The
city reserves the right to enter and inspect special use parks at
any time. The user group is required to provide the city with appropriate
information and credentials for such purposes.
I. The
city will not be responsible under any circumstances for the property
or equipment of the user group or his or her exhibitors, concessionaires,
employees or entertainment.
J. The
city reserves the right to refuse or cancel the use of special use
park site if an event or activity is deemed unsuitable in nature,
or may cause undue or unusual damage to the facilities.
K. Events
will be booked within a twelve-month period. Any event scheduled beyond
a twelve-month period will be considered tentative unless a lease
agreement has been approved by the city council.
L. Returning
user groups in good standing with the city shall have first option
for the use of facilities with corresponding days from year to year
unless a separate lease agreement has been approved by the city council.
M. The
scheduling of events on the following holidays will be considered
on a case-by-case basis and at the discretion of the director: Independence
Day, Thanksgiving, day after Thanksgiving, Christmas Eve, Christmas
Day, New Year's Eve, New Year's Day, Easter and other holidays.
(Ord. 93-19 § 27)